The Confirmation Of Mafia-style Organization

Organized crime,together with drug crimes and terrorist crimes,is recognized as the three major catastrophic crimes facing human society today.Organized crime is much more harmful than ordinary criminal offences.In our country,organized crimes of the underworld are considered to be the most typical organized crime.Organized crimes of the underworld nature are the typical underworld organizations of the Chinese legislature on the mainland,but a large number of criminal gangs have emerged,and a considerable number of criminal gangs have been transformed into organizations with a triad nature.It is a unique legal concept in China.Since 1983,when China started its first "strike hard",organized crime of the nature of the underworld has been the focus of China's crackdown.In 2000 and 2006,a special campaign was launched to fight and eliminate evil.Since China began its "strike hard" on crimes across the country for the first time since 1983,the crime of organized crimes of the underworld has been the focus of China's crackdown.In 2000 and 2006,it began a special campaign to crack down on evil,after more than a dozen.At the end of 2017 and the beginning of 2018,the fight against black and evil is a high-profile upgrade to eliminate evil.The criminal cases of organized crimes are generally more complicated,and the establishment of a triad-like organization is the most important thing in determining whether the accused violates Article 294 of the Criminal Law of China.However,in the Criminal Law promulgated in 1997 in China,only the literary descriptive language was used to describe what is a triad-like organization,and there is no specific normative regulation on the criteria for the identification of underworld organizations,but rather After the judicial interpretation and legislative interpretation made the provisions,the Criminal Law Amendment Eight made a clear norm,requiring the underworld organization to have four characteristics.In terms of the characteristics of the underworld organization,because the legislation is not clear,there are many documents,and there are different regulations on the same feature in different norms,and the use of vague language in describing many regulations leads to different regions and different trials.The level of judges have different understandings of the characteristics of the organization of the underworld,which leads to the inconsistency of judicial recognition standards.In view of the above problems,this paper combines relevant legal documents and conference reports to define the crimes of organized crimes.Based on the four characteristics of the underworld organization,namely,organizational characteristics,economic characteristics,behavioral characteristics and illegal control characteristics,this paper explores the nature of underworld in theory.The four characteristics of the organization;combined with typical cases,focus on the controversial issues encountered in judicial practice,comment and analyze the views of various parties,and put forward some specific ideas for identifying the organization of the underworld.At the same time,some suggestions for improving the legislative defects exposed by the existing relevant laws on the identification of underworld organizations in specific judicial practice will also be put forward.This article is divided into three chapters.The first chapter summarizes the identification of underworld organizations.It mainly expounds the provisions of some representative countries and regions on the concept and characteristics of underworld organizations,and analyzes and summarizes several representative views of Chinese scholars on the concept of the organization of underworld.It is pointed out that the main problem that China has identified in the current judicial practice is that the logical relationship between the four characteristics is unclear and the identification criteria are not uniform.The second chapter discusses the status and role of the four characteristics in the identification of the underworld organization.Aiming at the logical relationship between the four characteristics,it is argued that the illegal control feature is the essential feature of the underworld organization,and at the same time expounds the status and role of the other three features.The third chapter analyzes the four typical characteristics of the underworld organization.In the specific considerations based on these characteristics,we need to pay attention to the problem of solving the four characteristics identification standards in practice.